Charge dismissed against Sidney man accused of arranging pot deals via Facebook

A local man accused of selling marijuana to fellow Sidney High School students had his charge dismissed late last week.

Zachary Borges, 19, was arrested on Sept. 4, 2014, after an investigation by the Sidney Police Department and charged with delivery/intent to deliver controlled substance, a Class III felony. He was represented by local attorney Donald Miller.

Borges, who was a member of the Red Raiders’ wrestling team and graduated in May, was arrested last fall after approximately a quarter ounce of marijuana was found in his vehicle, according to the probable cause affidavit filed in Cheyenne County Court. His arrest came after he allegedly agreed through Facebook messages to sell the marijuana to a police officer posing as a fellow Sidney High student.

Police were initially tipped off that Borges was allegedly selling the drug after the parent of a Sidney High student had contacted them. The parent reported she had posed as her teenager in a Facebook conversation with Borges, during which he agreed to sell marijuana.

The dismissal of the charge came after Borges had worked as a criminal information on several cases, according to Cheyenne County Attorney Paul Schaub.

“He was working with us on some other cases,” Schaub said. “He completed that work, and that was the main reason for dismissing his case.”

The court documents filed by the county attorney’s office last Thursday cited a lack of evidence in requesting that the charges be dropped.

“That is not necessarily the case,” Schaub said. “It should have been a request to simply dismiss the case. There is no question we had enough evidence to go forward. The dismissal comes at the completion of his work for us.”

The probable cause affidavit included a transcript of the Facebook conversation. In the document, Borges reportedly said an eighth ounce of cannabis would cost $50 and a quarter ounce would be $100.

Following his arrest by Sidney Police officer Jim Bush, Borges said he was only in high school and wanted to contact his parents. Bush reminded him he was 18 [at the time of the arrest] and an adult, according to the court documents.

In an interview at the police station, Borges told Bush he had only sold marijuana twice in the past, the document detailed. However, when Bush returned Borges’ phone to him to call a family member, the police officer said there were messages from others seeking marijuana.

“[Borges] turned on his phone and had several messages from different kids wanting marijuana,” the affidavit stated.